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My brother (married) is an OFW and has an illegitimate child, aged 4, from another woman (not the wife). The child does not bear my brother's surname.

Currently, this woman has already a family, and my niece, being an illegitate child in their family, is being neglected, kumbaga, napapabayaan na ng nanay dahil may sariling pamilya na sya. Whenever we visit the child, we could see the child na madungis tapos may pasa/sugat pa dahil daw sa pagkadapa, etc.

Recently, her mother asked my father to just get the child since she could not attend to her anymore. Now, she keeps on texting my parents on when will they get the child.

My questions are:1. Can the mother transfer the custody of my niece to my parents in absence of my brother who is abroad?2. Can this be settled out of court since its voluntary on the part of the mother, or should we take this to court?3. In case we can settle this out of court, what are the documents needed?4. Kapag nasa amin na ang bata and the necessary documents have been signed, wala na bang habol ang mother nya? or possible pa din na makuha nya ang bata in the future?5. Should we also apply to change the surname of the child once na sa amin na sya?

but considering the situation, your parents can get the child immediately. i recommend writing up some agreement that she is turning over custody to them, but even that is not necesary.

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